Chapter

Kantian Right

Ernest J. Weinrib

in The Idea of Private Law

Published in print September 2012 | ISBN: 9780199665815
Published online January 2013 | e-ISBN: 9780191748622 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199665815.003.0004
Kantian Right

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This chapter situates corrective justice within Kant's philosophy of right. It traces the normative presuppositions of corrective justice to Kant's conception of the will, that is, of the freedom and purposiveness of self-determining activity. It also connects corrective justice to the institutions of a functioning legal order. Kant presents legality as an idea of reason, an articulated unity applicable to the external relationships of free beings. Legality thus conceived makes the right prior to the good within the conceptual sequencing of the operations of practical reason. Accordingly, the juridical relationship of one party to another in private law can be understood independently of the ethical duties incumbent upon them.

Keywords: kant; philosophy of right; the will; idea of reason; priority of the right; law and ethics

Chapter.  12842 words. 

Subjects: Jurisprudence and Philosophy of Law

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